Motorola Upgrade Program - Terms and Conditions

The Buyback Services (“Services”) are provided by Manak Waste Management Pvt Ltd.(“Cashify”) at its sole discretion and you agree to the Terms of Use of Cashify before availing the same. Motorola is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained either on Cashify's Terms of Use or the services provided by them. Motorola is displaying the Terms of Use AS IS.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE AVAILING SERVICES. WORDS USED AS “US” “OUR” AND “WE” REFER TO CASHIFY AND “YOU”, “SELLER” AND “YOUR” REFER TO THE CUSTOMER

Terms of Use:

By proceeding in your quoting process you are agreeing that you are the legal owner of Device being sold and in order to sell through Cashify, you are agreeing to the following:

A. USE OF SERVICE

1. You certify that you are the legal owner of the device that you want to sell.

2. All quotes are pending our evaluation of the device and no binding offer is made until we have had a chance to inspect the device. We reserve the right to change our quote at any time.

3. Should your device bought on our behalf , upon inspection is found to be

A) a different brand or model than originally quoted,

B) missing any parts or accessories not captured on valuation,

C) in a different condition than stated, we reserve the right to change or revoke our offer.

4. Lawful Sales Only. You must have a stored copy or a photocopy of id proof and indemnity bond signed which proves that you own the right, title and all legal interest in the device or other items/ accessories that you sell to us. The device and/or item you sell via our platform (including all related materials, software and add on hardware) may not be counterfeited, stolen, or contain harmful or offensive content of any nature. Seller should agree to hold us harmless and indemnify us from any and all loss of any nature, including fees, costs, judgments, liens and reasonable attorney's fees, arising from any threatened or actual legal action should you violate this term and condition of this Agreement.

5. We reserve the right to modify this Agreement at any time without giving you prior notice. Your use of our Services, following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. Terms and conditions modifying the Agreement are effective immediately upon publication.

6.As part of this continuing process, you acknowledge and agree that Cashify may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Cashify's sole discretion, without prior notice to you.

7. You understand that the following checks will be conducted by the delivery personnel who will be delivering the new device and picking up the old device. Additionally, the below checks should be undertaken compulsorily in order to qualify the device as eligible for exchange.

a. Brand and model of the old device matches the declaration provided by me at the time of purchase of the new device.

b. The phone switches on and should be in switch on mode for a minimum of 30 seconds without connecting to the charger.

c. The IMEI of the old device, provided by me, at the time of purchase of the new device, is correct and there is no mismatch.

d. The exchange device and it's parts & accessories are original & genuine.

e. The screen should not have any cracks, visible lines, spots, water damage, discoloration and it should not be coming out from edges. The body of the phone should not have any crack and there should not be any body part (like button) missing from the phone.

f. There should not be any crack/dent/damage to the screen (big or small) and the internal LCD screen should not be damaged.

g. Before delivery, make sure you back up your data and ensure your Exchange Device has internet access and you have removed or permanently disabled security locks. iOS users' needs to have their Apple ID and password ready to remove the “iCloud” lock when our delivery executive arrives. You also need to download the "Cashify Diagnose" App from Play Store/ App Store.

h. For all phones, the screen lock should be removed/disabled (all forms of screen lock such as pattern, pin, password, fingerprint, face recognition, etc. needs to be de-activated). iOS users' needs to have their Apple ID and password ready to turn off “Find your iPhone”.

i. Exchanged device shouldn't be "Country Locked", "Network Locked", any "Finance Locked" or "iCloud Locked" or any other cloud/account locked.

j. At the doorstep, our delivery executive will evaluate the physical and functional condition of your old device to verify if your device is in good condition. Make sure your phone is charged and has active internet connection. Once your device is verified, the delivery person will collect your Exchange Device and handover your new phone.

k. Once the transaction is completed, you will not ask to return or access the Exchange Device.

l. Your exchange device order can be cancelled if the exchange device is not in acceptable condition. In case of Instant exchange, pick up of old device and new device delivery may also get cancelled if the mandatory conditions are not met.

m. In “Smart/ Deferred Exchange” if your exchange device is not in acceptable condition or you don't agree with the requoted price, exchange pickup will stand cancelled. You will not receive the “exchange device value amount” and the “Bonus Amount” offered at the time of order placement, if any. In this case, Motorola will not cancel the original “New Device” order.

n. The whole process may take around 20-30 mins, you need to support the Logistics field executive during this time.

o. The exchange device pickup personnel will ask for government ID proof and indemnity bond, NOC. The pickup personnel will take the pictures/copy of the documents.

p. In case Deferred/Smart Exchange is opted, preferred payment mode need to be selected http://cashi.fi/0546bff3 to receive the exchange device payment. After selection of payment mode pickup of the exchange device will be initiated.

q. In Deferred/Smart exchange, you may be contacted via WhatsApp/SMS/Calls. In the event where “Payment Mode” is not selected within 7 days of delivery of the new device, the pickup of the old device will stand cancelled. After payment mode selection, customer will be contacted via calls for pickup schedule alignment. Pickup of the exchange device will be attempted 3 times in 7 days. The pickup of the exchange device will be cancelled if you couldn't be contacted on your mobile or the pickup couldn’t be completed in 3 attempts.

r. As part of this continuing process, you acknowledge and agree that Cashify may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Cashify's sole discretion, without prior notice to the customer.

8. You understand that in “Instant Exchange” the price quoted for your old device at the time of checkout is the final price offered for your old device. Whereas in “Smart/Deferred Exchange” the final price of the old device will be given at the doorstep after physical and functional evaluation. The final price will be inclusive of all discounts and other offers available on your old device during the exchange program. You agree to not dispute the final price, or the mode of evaluation to arrive at the final price, after your acceptance of these terms and/or the placement of your order for a new device, whichever is earlier. You agree not to bring any claim against Motorola, the delivery personnel/company, exchange partner i.e Cashify and any future purchaser of your old device in relation to the adequacy of the quoted price / value (if any) of your old devices provided as part of the Motorola Exchange program.

9. For Instant Exchange, you understand that in the event the device is not working or the delivery executive is not able to do an unlock check or screen lock check / IMEI check due to a phone being 'factory reset' or found damaged or there is any mismatch in the information provided by me regarding the device when checked by the delivery personnel, then the buyback offer will stand cancelled and the delivery personnel will neither hand over the new device to me nor take the old device. Any amount paid at the time of purchase of the new device will be refunded as per the refund policy of Motorola.com, the related mobile site and mobile application. You acknowledge and agree that the delivery personnel’s decision regarding whether your old device passes the necessary checks shall be final and binding on me. You agree to not dispute the delivery personnel's findings and decision and to waive and discharge the delivery personnel, the exchange partner i.e Cashify and Motorolafrom any and all claims, disputes, actions or liabilities you may have, arising out of or in connection with the delivery personnel's findings and decision.

10. For Deferred/Smart Exchange, you understands that in the event the device is not working or the delivery executive is not able to do an unlock check or screen lock check / IMEI check due to a phone being 'factory reset' or found damaged or there is any mismatch in the information provided by me regarding the device when checked by the pickup personnel, then the buyback offer value may get requoted. If the evaluated price of the buyback device is zero or not in accepted condition or the requoted value is not accepted by me, the buyback pickup will stand cancelled and the pickup personnel will not take the old device. In this event, you understand that you will not get the exchange device value and the exchange bonus amount. You acknowledge and agree that the pickup personnel's decision regarding whether your old device passes the necessary checks shall be final and binding on me. You agree to not dispute the pickup personnel's findings and decision and to waive and discharge the pickup personnel, the Seller and Motorola from any and all claims, disputes, actions or liabilities You may have, arising out of or in connection with the pickup personnel's findings and decision.

11. You confirm that your old device which you are exchanging under the Motorola Exchange program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any agreement of sale etc. and you have got the clear ownership of the said device.

12. You understand that the price quoted for your old device at the time of checkout is the maximum price offered by the Exchange partner for your old device. The final price will be inclusive of all discounts and other offers available on your old device during the exchange program. You agree to not dispute the final price, or the mode of evaluation to arrive at the final price, after your acceptance of these terms and/or the placement of your order for a new device, whichever is earlier. You agree not to bring any claim against the Seller, the delivery personnel, Motorola and any future purchaser of your old device in relation to the adequacy of the quoted price / value (if any) of your old devices provided as part of the Motorola Exchange program.

13. You understand that the old device is being bought by the Seller from whom you are purchasing the new device solely in exchange for the purchase of the new device from the Seller. There is no other consideration due from the Seller to me for availing the buyback offer.

14. You understand that the Seller and its third party service providers will access your device, solely in relation to conducting the assessment of the quality parameters of your device.

15. You agree to indemnify and keep indemnifying the Seller and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by the Seller or any future buyer due to usage of the device by me till date and you undertake to make good the same.

16. You confirm that all the data in the said device will be erased by me before handing it over to the delivery personnel under the Motorola Exchange program. You also confirm that in spite of erasing the data manually/electronically, if any data is still accessible due to any technical reason, such data shall be deemed to have been released in the public domain by me; the delivery personnel, the Seller, Motorola , the future buyers or the manufacturer shall not be responsible for the same and you will not approach any of the above parties for any retrieval or deletion of the data.

17. You hereby give your consent that your personal information that you have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that you provided herein and for the administration of the program.

18. You understand that once your old device passes the quality checks undertaken by the delivery personnel and is the new device is handed over to you by the delivery personnel, in no scenario can your old device be returned back to you. Refunds, returns and replacements shall be governed by, and processed solely in accordance with, the applicable policies set out at Motorola.com, the related mobile site and mobile application (if any).

19. You understand that different quotes may be provided for different devices.

20. In “Instant Exchange” you understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand). In “Smart/ Deferred Exchange”, delivery of the new device will happen first followed by the pickup of the old device within the TAT of 7 working days, post selection of the preferred payment mode by you. You shall keep the old device ready to be given for exchange.

21. We reserve the right to modify this Agreement at any time without giving you prior notice. Your use of our website, any of our tools and services, following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. Terms and conditions modifying the Agreement are effective immediately upon publication. You hereby confirm having understood and agree to abide by the terms and conditions of this Motorola Exchange program and the conditions of Use and Sale of Motorola.com, the related mobile site and mobile application.

22. Motorola Exchange program is supported by our partner https://www.cashify.in/

B. REPRESENTATIONS

1. You agree that any registration information you give to Cashify through Motorola.com, Motorola App will always be accurate, correct and up to date,

2. You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5. You agree that you are solely responsible for (and that Cashify has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Cashify may suffer) of any such breach.

6. Cashify values and protects the privacy of your information. You agree to the use of your data in accordance with Cashify's Privacy Policy given at https://www.cashify.in/privacy-policy

7. Your account may be disabled and Services may be terminated based upon the representations made by you. The following actions may result in termination of Services:

a. Impersonating another person or entity with the effect of misleading users about the identity of the creator of content (including misleading account user names, voices and sounds used in broadcasts, and account profile information);

b. Impersonating the Services;

c. You provide or send any content which may be harmful or detrimental to Cashify or its business associates, or which violates any restriction or policy established by Cashify or its business associates;

d. Submission of any content that falsely expresses or implies that such content is sponsored or endorsed by us; and

C. NO WARRANTIES

The Services are provided subject to all of the terms set forth in the Terms of Use. Cashify makes no express or implied representations or warranties about its Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on our behalf and you may not rely on any statement of warranty as a warranty by us. Cashify does not warrant that: ii) that the information on the Services is complete, true, accurate; ii) Cashify does not warrant that the Services provided are free of defects or errors.

D. LIMITATIONS OF LIABILITY AND INDEMNIFICATION

Use of the Services are entirely at your own risk and in no event shall Motorola and Cashify be liable (whether under the law of contracts, torts or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties or liabilities (collectively “damages”) whatsoever arising out of or relating to the Services. You agree to defend, indemnify and hold Cashify, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of these Services. We assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of data/information of a property or a project. We shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or User or to any other person's computer related to or resulting from participating or downloading materials/information from the Services.

E. UNENFORCEABLE PROVISIONS

If any provision of these Terms of Use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms of Use.

F. RESTRICTIONS ON USE

You may use the Services only for your own personal, non-commercial use. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Service.

G. INTELLECTUAL PROPERTY

All trademarks, brands and service marks used in conjunction with the Services offered by Cashify and owned by Cashify shall be the property of Cashify; Cashify shall own all of the copyrights and database rights in the Services. Without Cashify's consent, you may not publish, distribute, extract or reproduce any contents provided by the Services. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use. As a user of our Services, you acknowledge that any intellectual property which is not specifically mentioned to be owned by Cashify is owned by their respective owners and the owners have a right to take appropriate actions against you in for any violation, infringement and passing off. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party's copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of these Services. Cashify respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

H. DISCLAIMER

The contents on the Services could include technical inaccuracies or typographical errors. Also, Cashify may make changes or improvements to the Services at any time. The contents on the Services or any information are provided "as is" and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable terms and conditions. You (and not Cashify) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. Further, information contained on the Services is for informational purposes only and should not be relied upon for any purpose. Cashify shall not be liable for any results obtained or not obtained as a consequence of the use of the information contained or obtained through the Services.

I. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and shall be construed in accordance with the laws of New Delhi, India.